State has planning power over Point Nepean

The State Government has welcomed unexpected legal advice that it has planning power over Commonwealth land at Point Nepean.

The Government had believed it had no control over development on federal land but yesterday's legal opinion from the state Solicitor-General means it could use planning amendments to intervene on the former defence site.

Environment Minister John Thwaites yesterday wrote to federal parliamentary secretary for defence Fran Bailey informing her of the state's legal advice.

In the letter, Mr Thwaites said it was the Government's intention to exercise powers under Victoria's Planning Act "so as to apply planning controls to the Point Nepean Defence land. The controls will affect the use of that land by any private lessee".

The Commonwealth's preferred tenderer is Queensland property developer FKP, together with the Point Nepean Community Group Trust.